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    dawn.peters's Avatar
    dawn.peters Posts: 1, Reputation: 1
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    #1

    Mar 10, 2010, 06:40 AM
    Who is the legal guardian of a child when parents have separated
    My boyfriend has 2 daughters to his ex partner, they were never married but he is named on their birth certificates and has them to stay with us every week. His ex claims she is their legal guardian and regularly prevents him seeing his children because she says she has the power to do so as their legal guardian. The children do live with her but it has never been to court, what rights does my boyfriend have to his children they were born in 2004 and 2005.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 10, 2010, 06:50 AM
    Quote Originally Posted by dawn.peters View Post
    my boyfriend has 2 daughters to his ex partner, they were never married but he is named on their birth certificates and has them to stay with us every week. His ex claims she is their legal guardian and regularly prevents him seeing his children because she says she has the power to do so as their legal guardian. The children do live with her but it has never been to court, what rights does my boyfriend have to his children they were born in 2004 and 2005.
    In the absence of a custody order, both parents have full parental rights.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 10, 2010, 08:37 AM
    Quote Originally Posted by AK lawyer View Post
    In the absence of a custody order, both parents have full parental rights.


    Would you please explain what you mean by full parental rights in this situation?

    It was my understanding that the "live with" parent has all the rights until the other parent gets an order to exercise his/her rights.

    I just saw this in Family Court in NY.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 10, 2010, 08:41 AM
    Quote Originally Posted by dawn.peters View Post
    what rights does my boyfriend have to his children they were born in 2004 and 2005.
    Hello dawn:

    Your boyfriend has as many rights as ANY father, married or not. He simply needs to go to family court to SECURE them.

    excon

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